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STATE v. GREGORY

No. 10970.

105 S.E.2d 532 (1958)

STATE of West Virginia v. Finley GREGORY.

Supreme Court of Appeals of West Virginia.

Decided November 11, 1958.

Attorney(s) appearing for the Case

Richard E. Davis, John D. Downes, Morgantown, for plaintiff in error.

W. W. Barron, Atty. Gen., George H. Mitchell, Asst. Atty. Gen., for defendant in error.

BROWNING, Judge.

The defendant, Finley Gregory, was jointly indicted with one Howard Wilson by the grand jury attending the October, 1954, term of the Circuit Court of Monongalia County. The indictment, No. 6235, was composed of two counts, the first charging the breaking and entering, with intent to commit larceny of a certain storeroom or building in Monongalia County, and the subsequent larceny of $39 therefrom, and the second charging an entering without breaking...

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